Punjab-Haryana High Court
Gian Chand And Others vs Haryana Vidyut Parsaran Nigam Ltd. & Ors on 22 April, 2014
Author: Daya Chaudhary
Bench: Daya Chaudhary
C.W.P. No. 11368 of 2012 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No. 11368 of 2012
DATE OF DECISION: 22.04.2014
Gian Chand and others ..........Petitioners
Versus
Haryana Vidyut Parsaran Nigam Ltd. & Ors. ..........Respondents
BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:- Mr. Aftab Singh, Advocate
for the petitioners.
Mr. K.S. Malik, Advocate
for the respondents.
****
DAYA CHAUDHARY, J.
The present petition has been filed by the petitioners for issuance of directions to the respondents to regularize their services as they have been working on their respective posts for the last more than 15 years.
The case of the petitioners is that sanctioned posts are there but still their case has not been considered for regularization. The case came up for hearing on 27.1.2014 and following order was passed:-
"Learned counsel for the petitioners contends that the case of the petitioners is that they are working on their respective posts since 1995 and as per policy of the State Government, which has been adopted by the respondents, they are entitled for regularization.
On the other hand, an objection has been raised Pooja Sharma 2014.04.26 11:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 11368 of 2012 (2) in the written statement by learned counsel for the respondents that the petitioners were not appointed through Employment Exchange and they do not fulfill condition No.3 (i) of the Policy. Only the employees who were appointed through Employment Exchange or by the Departmental Selection Committee can be considered for regularization.
Keeping in view the total length of service of the petitioners and also the objection raised by the learned counsel for the respondents, let respondent No.2 file an affidavit within a period of four weeks from today to show as to how many sanctioned posts are there or whether any requirement of work is also there.
To come up on 22.4.2014."
In response to aforesaid directions issued by this Court, an affidavit of Superintending Engineer, TS Circle, Haryana Vidyut Parsaran Nigam Ltd., Panchkula has been filed in Court today and the same is taken on record. In the affidavit, it has been mentioned that in all 15 regular sanctioned posts of sweepers and 15 posts of Malis are there and only four persons are working. It has also been mentioned that requirement of work is also there. The only objection raised in the affidavit is that the petitioners are part time workers and they do not fulfill condition No. (III) of policy dated 29.7.2011, which has duly been adopted by respondent-Nigam vide letter dated 8.6.2007 and, therefore, they are not eligible for regularization.
Learned counsel for the respondents submits that the petitioners are not entitled and eligible for regularization as per policy of the State Government.
Learned counsel for the petitioners contends that the petitioners were initially appointed from 1995-1997 and they have been Pooja Sharma 2014.04.26 11:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 11368 of 2012 (3) shown to be part time employees whereas they are working on full time basis. Learned counsel also submits that under similar circumstances where employees are working on part time basis, they approached this Court by way of filing CWP No. 13529 of 1999 titled as Satya Dev Vs. Haryana Vidut Prasaran Nigam Ltd. and the said petition was allowed on 8.12.2000. The objection raised by the respondent in the abovesaid writ petition is that the candidates were not appointed through employment exchange and they were not fulfilling the criteria of age as well. Learned counsel also submits that case of the petitioners is on better footings viz-a- viz the employees in the abovesaid writ petition.
Heard the arguments advanced by learned counsel for the parties and have also perused the documents available on file.
Admittedly, the petitioners are working since 1995-1997 on part time basis without any break. It has also been admitted that requirement of work is there and sanctioned posts of Malis and Sweepers are still lying vacant with the respondents. The only objection which has been raised in the written statement as well as in the affidavit filed today is that the petitioners were not appointed through employment exchange. The said controversy was subject matter of challenge in Satya Dev's case (supra), wherein following observations were made:-
"Petitioner has been working as part time water carrier cum mali (a class IV post) since 1.2.1981 with the respondents. When he was appointed on 1.2.1981 on the post of water carrier cum mali, the volume of work might not have been adequate enough as to justify a whole timer on the post of water carrier cum mali. In the course of time if the volume of work on the job of water carrier cum mali has increased to the extent that a whole timer is required, the petitioner cannot be Pooja Sharma 2014.04.26 11:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 11368 of 2012 (4) called upon to compete with others for the post of water carrier cum mali. He has to be regularized keeping in view his work and conduct as part time water carrier cum mali. If the post of water carrier cum mali on whole time basis is thrown open for recruitment, everybody eligible will apply for that post and in competition the petitioner might not be able to made the required grade. A part time timer is required to be regularized and made whole timer if the volume of work justifies that it should be a whole job. It was held in CWP No. 10774 of 1999 decided on 4.2.2000 by a Division bench of this Court that those of the petitioners who have rendered sufficient service with the respondents deserve to be regularized on their respective posts. At the time they claim to be regularized, it cannot be seen whether he was recruited through employment exchange or he was fulfilling the age criteria.
In this case, the petitioner has put in 18 years of service as part timer, his job has to be converted into a whole time job if the volume of work justified. If the volume of work justified, the job has to be upgraded to a whole time job and regularized. So, the writ petition is allowed and writ in the nature of mandamus is issued to the respondents to regularize his services against the post of water carrier or mali and upgrade it to a whole time job provided his work and conduct has been satisfactory. Annexure P-6 is quashed in so far as it has affected the claim of the petitioner for being regularized on the post of water carrier or mali (whole time). Annexure P-7 is quashed. In case of the petitioner, nothing shall be seen while considering his claim to regularization on the post of water Pooja Sharma 2014.04.26 11:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 11368 of 2012 (5) carrier or mali (whole time) except his work and conduct on the post in the past. In his work and conduct on the post has been satisfactory in the past, he shall be regularized on the post of water carrier or mali (whole time) without any demur by the respondents irrespective of what their policy is in re regularization of part timers."
It has also been brought to the notice of this Court by learned counsel for the petitioner that SLP against the aforesaid judgment filed by the respondent was dismissed vide order dated 12.5.2001 and the judgment passed by this Court has attained finality.
In view of the facts as mentioned above and also the fact that the petitioners are working for the last more than 15 years on part time basis; regular sanctioned posts as well as requirement of work is also there, the condition of appointment through employment exchange cannot be accepted at this stage. In case the work and conduct of the petitioners has been found satisfactory during last years then they should have been considered for regularization as per policy of the State Government which has been adopted by respondent-Nigam but still their claim has been rejected only on the ground that they were not appointed through employment exchange.
Accordingly, the present petition is allowed and the respondents are directed to consider the case of the petitioners for regularization on regular sanctioned posts within a period of three months from the date of receipt of certified copy of the order.
April 22, 2014 (DAYA CHAUDHARY)
pooja JUDGE
Pooja Sharma
2014.04.26 11:43
I attest to the accuracy and
integrity of this document
Chandigarh
C.W.P. No. 11368 of 2012 (6)
Pooja Sharma
2014.04.26 11:43
I attest to the accuracy and
integrity of this document
Chandigarh